Isn't the entire point of the term ecmascript created to resolve this?
It prevents Oracle from suing, but everybody calls it JavaScript anyway...
Oracle Will Not Voluntarily Withdraw JavaScript Trademark
21–30 of 90 posts
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#22I expect that this was the predicted outcome? And that all we are seeing here is the beginning of the process, rather than the end? On the face of it, JavaScript seems like a pretty solid trademark. But, to me, it’s really not clear how much control Oracle has asserted over it…
(Not a lawyer.) To have rights to a trademark, you have to use it in, well, trade. It’s not enough for a term to refer to a specific thing in normal usage, you must have a widely recognized claim on that thing. It should be in the customer’s interest that your thing not be confusable with thing-alikes that others may offer, specifically by having an exclusive right to be sold as the thing. And Oracle demonstrably doe…
This is why I think Deno has a solid chance here. Sun may have filed for the trademark, but it’s not clear to me how much it has been used by Oracle. I also think this is why this step is likely the beginning of litigation, not the end. With Oracle not voluntarily withdrawing the trademark, it allows the rest of the process to invalidate the trademark to begin.
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#23I expect that this was the predicted outcome? And that all we are seeing here is the beginning of the process, rather than the end? On the face of it, JavaScript seems like a pretty solid trademark. But, to me, it’s really not clear how much control Oracle has asserted over it…
(Not a lawyer.) To have rights to a trademark, you have to use it in, well, trade. It’s not enough for a term to refer to a specific thing in normal usage, you must have a widely recognized claim on that thing. It should be in the customer’s interest that your thing not be confusable with thing-alikes that others may offer, specifically by having an exclusive right to be sold as the thing. And Oracle demonstrably doe…
[0] https://www.graalvm.org/javascript/
(Not a lawyer, just a nerd observing terminology)
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#24Earlier quoted context omitted.
And though Sun was undeniably more worthy of sympathy than Oracle is, Sun’s original claim on the trademark seems just as bogus as Oracle’s current one.
Maybe. I'm not a lawyer, let alone an IP lawyer, but Netscape creating a programming language called "JavaScript" seems like the kind of thing that would be likely to cause confusion in the marketplace. Netscape explicitly chose the name to latch on to the popularity of Java at the time. It doesn't seem unreasonable to me for the Sun of 1997 to want to protect their interest in the Java name by licensing it to Netsca…
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#25Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#26What's wrong with everyone else calling it "ECMAScript?"
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#27Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#28I expect that this was the predicted outcome? And that all we are seeing here is the beginning of the process, rather than the end? On the face of it, JavaScript seems like a pretty solid trademark. But, to me, it’s really not clear how much control Oracle has asserted over it…
(Not a lawyer.) To have rights to a trademark, you have to use it in, well, trade. It’s not enough for a term to refer to a specific thing in normal usage, you must have a widely recognized claim on that thing. It should be in the customer’s interest that your thing not be confusable with thing-alikes that others may offer, specifically by having an exclusive right to be sold as the thing. And Oracle demonstrably doe…
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#29I expect that this was the predicted outcome? And that all we are seeing here is the beginning of the process, rather than the end? On the face of it, JavaScript seems like a pretty solid trademark. But, to me, it’s really not clear how much control Oracle has asserted over it…
It seems to me that it's the exact opposite of that: It's been so thoroughly genericised that it might as well not exist as a trademark. Also, I couldn't even tell you of a single product Oracle sells that uses the mark.
Re: Oracle Will Not Voluntarily Withdraw JavaScript Trademark
#30I expect that this was the predicted outcome? And that all we are seeing here is the beginning of the process, rather than the end? On the face of it, JavaScript seems like a pretty solid trademark. But, to me, it’s really not clear how much control Oracle has asserted over it…
(Not a lawyer.) To have rights to a trademark, you have to use it in, well, trade. It’s not enough for a term to refer to a specific thing in normal usage, you must have a widely recognized claim on that thing. It should be in the customer’s interest that your thing not be confusable with thing-alikes that others may offer, specifically by having an exclusive right to be sold as the thing. And Oracle demonstrably doe…
Their image is very enterprisey, so Java, C... You don't think of JavaScript when you think of Oracle.